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In Addition
Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Financial Code. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 1/19/15 - 1/25/15 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 1/19/15 - 1/25/15 is 18% for Commercial over $250,000. 1 Credit for personal, family or household use. 2 Credit for business, commercial, investment or other similar purpose. TRD-201500077 Leslie Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: January 13, 2015 ♦ ♦ ♦ Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ, agency or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 23, 2015. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 23, 2015. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the com- ment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing. (1) COMPANY: 357 STREET PROPERTIES, L.P.; DOCKET NUMBER: 2014-1554-PST-E; IDENTIFIER: RN101858280; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: facility with three inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.49(a) and (c)(2)(C), §334.54(b)(2) and (c)(1), and TWC, §26.3475(d), by failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons, by failing to adequately protect a temporarily out-of-service UST system from corrosion and by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other system components are operating properly; PENALTY: $2,544; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421. (2) COMPANY: 918 REALTY COMPANY, INCORPORATED; DOCKET NUMBER: 2014-1620-PST-E; IDENTIFIER: RN104212394; LOCATION: Houston, Harris County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486. (3) COMPANY: American Energy Transport, LLC; DOCKET NUMBER: 2014-1457-PST-E; IDENTIFIER: RN107715625; LOCATION: Dallas and Garland, Dallas County; TYPE OF FACILITY: common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that was covered by a valid, current TCEQ delivery certificate; PENALTY: $1,231; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951. (4) COMPANY: ARGUINDEGUI OIL COMPANY II, LIMITED; DOCKET NUMBER: 2014-1425-PST-E; IDENTIFIER: RN103197315; LOCATION: Laredo, Webb County; TYPE OF FACILITY: common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that was covered by a valid, current TCEQ delivery certificate; PENALTY: $10,109; ENFORCEMENT COORDINATOR: Allyson Plantz, (512) 239-4593; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887. (5) COMPANY: Brazosport Independent School District; DOCKET NUMBER: 2014-1558-PWS-E; IDENTIFIER: RN101231652; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(f)(3) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the Maximum Contaminant Level for total coliform during the months of July, August, and September 2014; 30 TAC §290.122(c)(2)(A) and IN ADDITION January 23, 2015 40 TexReg 393 (f), by failing to timely post public notification and submit a copy of the public notification to the executive director regarding the failure to submit Disinfectant Level Quarterly Operating Reports for the third and fourth quarters of 2013; and 30 TAC §290.117(i)(6) and (j), by failing to timely post consumer notification of lead tap water monitoring results at the locations that were sampled and by failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification has been distributed to the persons served at the locations in a manner consistent with TCEQ requirements; PENALTY: $645; ENFORCEMENT COORDINATOR: Katelyn Samples, (512) 239-4728; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486. (6) COMPANY: Brookeland Fresh Water Supply District; DOCKET NUMBER: 2014-1365-MWD-E; IDENTIFIER: RN101519635; LOCATION: Jasper, Jasper County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010998001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $17,875; ENFORCEMENT COORDINATOR: Katelyn Samples, (512) 239-4728; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892. (7) COMPANY: Burlington Resources Oil and Gas Company LP; DOCKET NUMBER: 2014-1447-AIR-E; IDENTIFIER: RN104177266; LOCATION: Crane, Crane County; TYPE OF FACILITY: oil and gas production site; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and Standard Exemption Registration Number 33724, by failing to prevent unauthorized emissions; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Rachel Bekowies, (512) 239-2608; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706. (8) COMPANY: CHRISTIAN TABERNACLE OF HOUSTON, INCORPORATED; DOCKET NUMBER: 2014-1578-PWS-E; IDENTIFIER: RN101245173; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; and 30 TAC §290.46(f)(2) and (3)(D)(ii), by failing to make water works operation and maintenance records available for review by commission personnel during the investigation; PENALTY: $150; ENFORCEMENT COORDINATOR: Jim Fisher, (512) 239-2537; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486. (9) COMPANY: City of Livingston; DOCKET NUMBER: 2014-1166PWS-E; IDENTIFIER: RN101232874; LOCATION: Livingston, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(d)(2)(B) and §290.110(b)(4), and Texas Health and Safety Code, §341.0315(c), by failing to operate the disinfection equipment to maintain a disinfectant residual of at least 0.5 milligrams per liter total chlorine throughout the distribution system at all times; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason to believe cross connections or other potential contamination hazards exists; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements, that 40 TexReg 394 January 23, 2015 Texas Register is maintained at each water treatment plant and at a central location; 30 TAC §290.44(h)(4)(C), by failing to ensure that any backflow prevention assembly Test and Maintenance report form is approved by the executive director prior to being placed in use; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence with lockable gates to protect the facility's elevated storage tanks; 30 TAC §290.43(c)(6) and §290.46(m), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.43(c)(4), by failing to provide all water storage tanks with an appropriate liquid level indicator located at the tank site; 30 TAC §290.46(e)(3)(C), by failing to operate the facility under the direct supervision of a water works operator who holds a Class C or higher license; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the facility and its equipment; and 30 TAC §290.46(f)(2) and (3)(C)(i), by failing to provide facility records to commission personnel at the time of the investigation; PENALTY: $1,559; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3425; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892. (10) COMPANY: City of Reno; DOCKET NUMBER: 2014-1601MWD-E; IDENTIFIER: RN102186772; LOCATION: Reno, Lamar County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0012162001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Raymond Mejia, (512) 239-5460; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734. (11) COMPANY: Continental Carbon Company; DOCKET NUMBER: 2014-1333-AIR-E; IDENTIFIER: RN102321577; LOCATION: Sunray, Moore County; TYPE OF FACILITY: carbon black manufacturing plant; RULES VIOLATED: 30 TAC §116.110(a) and §116.315(a) and Texas Health and Safety Code, §§382.0518(a), 382.055(a)(2), and 382.085(b), by failing to submit a renewal application for New Source Review Permit Number 9449 at least six months prior to the expiration date; PENALTY: $40,500; ENFORCEMENT COORDINATOR: Jessica Schildwachter, (512) 239-2617; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933. (12) COMPANY: Davis Gas Processing, Incorporated; DOCKET NUMBER: 2014-1253-AIR-E; IDENTIFIER: RN100217686; LOCATION: Big Lake, Reagan County; TYPE OF FACILITY: oil and gas production plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), Federal Operating Permit (FOP) Number O3060, General Terms and Conditions, Special Terms and Conditions (STC) Number 5(b), and Texas Health and Safety Code (THSC), §382.085(b), by failing to report all instances of deviations; 30 TAC §111.111(a)(4)(A)(ii), and THSC, §382.085(b), by failing to maintain records of daily flare observations; 30 TAC §122.143(4), FOP Number O3060, STC Number 3.A.(iv)(3), and THSC, §382.085(b), by failing to maintain records of quarterly visible emissions observations of stationary vents; and 30 TAC §116.115(c), New Source Review Permit Number 48944, Special Conditions Number 9.C., and THSC, §382.085(b), by failing to maintain inspection records; PENALTY: $26,689; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035. (13) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2014-1481-AIR-E; IDENTIFIER: RN100220052; LOCATION: Dumas, Moore County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §§101.20(2), 113.1090, and 122.143(4), Federal Operating Permit (FOP) Number O2568, Special Terms and Conditions (STC) Number 1.A., 40 Code of Federal Regulations (CFR) §63.6640(a), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain the four-hour rolling average temperature of the stationary reciprocating internal combustion catalyst inlet greater than or equal to 750 degrees Fahrenheit; and 30 TAC §§101.20(2) and (3), 113.690, 116.115(c), and 122.143(4), FOP Number O2568, STC Numbers 1.A. and 8, New Source Review Permit Numbers 83193 and PSDTX1104, Special Conditions Number 4, 40 CFR §63.642(b), and THSC, §382.085(b), by failing to maintain the sulfur recovery efficiency for the Sulfur Recovery Unit at a minimum of 98.5% on a daily average when the sulfur production rate exceeds five long tons per day; PENALTY: $33,188; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933. (14) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2014-1421-IWD-E; IDENTIFIER: RN102580834; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0004976000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $7,400; Supplemental Environmental Project offset amount of $2,960 applied to The Conservation Fund; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486. (15) COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER: 2014-1394-AIR-E; IDENTIFIER: RN100218973; LOCATION: Point Comfort, Calhoun County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b) and (c), and 122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O1958, General Terms and Conditions and Special Terms and Conditions Number 14, and New Source Review Permit Numbers 19168 and PSDTX1226, Special Conditions Number 1, by failing to prevent unauthorized emissions; and 30 TAC §§101.20(3), 116.115(c), and 122.143(4), THSC, §382.085(b), Federal Operating Permit Number O1954, General Terms and Conditions and Special Terms and Conditions Number 15, and New Source Review Permit Numbers 7699 and PSDTX266M7, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $32,500; Supplemental Environmental Project offset amount of $16,250 applied to Texas Association of Resource Conservation and Development Areas, Incorporated; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503. (16) COMPANY: H2O TECH, INCORPORATED; DOCKET NUMBER: 2014-1251-PWS-E; IDENTIFIER: RN101442333; LOCATION: League City, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director each quarter by the tenth day of the month following the end of the quarter for the third quarter of 2010 - the second quarter of 2011 and end of the quarter for the third quarter of 2011 through the first quarter of 2014 end of the quarter for the third quarter of 2011 - the first quarter of 2014; and 30 TAC §290.117(c)(2) and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed at a TCEQ approved laboratory, and submit the results to the executive director by the tenth day of the month following the end of the monitoring period for the January 1, 2003 - December 31, 2011 and January 1, 2013 - December 31, 2013 monitoring periods; PENALTY: $2,203; ENFORCEMENT COORDINATOR: Jim Fisher, (512) 239-2537; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486. (17) COMPANY: KHBM Partners II, Limited; DOCKET NUMBER: 2014-1880-WQ-E; IDENTIFIER: RN107759946; LOCATION: Willis, Montgomery County; TYPE OF FACILITY: residential construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Construction General Permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Jill Russell, (512) 239-4564; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452. (18) COMPANY: Lower Valley Water District; DOCKET NUMBER: 2014-1435-PWS-E; IDENTIFIER: RN101454007; LOCATION: Clint, El Paso County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.122(b)(2)(A), (c)(2)(A) and (f), by failing to provide public notification or submit a copy of the public notification to the executive director regarding the failure to submit a Disinfectant Level Quarterly Operating Report (DLQOR) for the first quarter of 2011 and by failing to comply with a maximum contaminant level for total coliform for the month of May 2011; 30 TAC §290.109(f)(2) and Texas Health and Safety Code, §341.031(a), by failing to comply with the maximum contaminant level for total coliform during the month of August 2014; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification or submit a copy of the public notification to the executive director regarding the failure to submit a DLQOR for the second quarter of 2013 and the failure to conduct routine coliform monitoring during the month of April 2013; and 30 TAC §290.117(c)(2)(C) and (i)(1), by failing to collect lead and copper tap samples at the required 30 sample sites, have the samples analyzed at an approved laboratory, and submit the results to the executive director for the January 1, 2011 - December 31, 2013 monitoring period; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206. (19) COMPANY: Methodist Healthcare System of San Antonio, Limited, L.L.P.; DOCKET NUMBER: 2014-1495-PST-E; IDENTIFIER: RN102840014 (Facility 1) and RN100618503 (Facility 2); LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: hospital and office building with emergency power generators and one petroleum underground storage tank (UST); RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(b) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (Facility 1); 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel (Facility 1); and 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system (Facility 2); PENALTY: $7,517; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480. (20) COMPANY: New Braunfels Utilities; DOCKET NUMBER: 2014-1097-MWD-E; IDENTIFIER: RN101700946; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010232002, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $10,500; ENFORCEMENT COORDINATOR: Gregory Zychowski, (512) 239-3158; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480. (21) COMPANY: Newark E and P Operating LLC; DOCKET NUMBER: 2014-1888-WR-E; IDENTIFIER: RN107816175; LOCATION: IN ADDITION January 23, 2015 40 TexReg 395 (23) COMPANY: Paul Douglas Kinsey; DOCKET NUMBER: 2014-1889-WR-E; IDENTIFIER: RN107735714; LOCATION: Decatur, Wise County; TYPE OF FACILITY: water well; RULES VIOLATED: TWC, §11.081 and §11.121, by failing to obtain authorization prior to impounding, diverting, or using state water; PENALTY: $350; ENFORCEMENT COORDINATOR: Jill Russell, (512) 239-4564; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951. Tarrant County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1 of each year and failed to submit to the TCEQ by July 1 of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data for the year 2010, 2011 and 2012; 30 TAC §290.106(c)(6) and (e), by failing to collect the annual nitrate sample and provide the results to the executive director for the 2013 monitoring period; 30 TAC §290.106(e) and §290.107(e), by failing to provide the results of triennial cyanide, minerals and synthetic organic chemical (SOC) contaminants (methods 504 and 515.4) sampling to the executive director for the January 1, 2011 - December 31, 2013 monitoring period; 30 TAC §290.106(e) and §290.107(e), by failing to provide the results of six-year metals, SOC5 contaminants, and Volatile Organic Compound contaminants sampling to the executive director for the January 1, 2008 - December 31, 2013 monitoring period; and 30 TAC §290.117(c)(2) and (i)(1), by failing to collect lead and copper samples at the required five sample sites, have the samples analyzed at an TCEQ approved laboratory, and submit the results to the executive director for the January 1, 2011 - December 31, 2013 monitoring period; PENALTY: $1,271; ENFORCEMENT COORDINATOR: Lisa Westbrook, (512) 239-1160; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951. (24) COMPANY: Regency Field Services LLC; DOCKET NUMBER: 2014-1334-AIR-E; IDENTIFIER: RN100542307; LOCATION: Fort Stockton, Pecos County; TYPE OF FACILITY: natural gas compression and treating plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(1), Federal Operating Permit (FOP) Number O1842, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 10, and Texas Health and Safety Code (THSC), §382.085(b), by failing to certify compliance for at least each 12-month period following initial permit issuance; 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1842, GTC and STC Number 9, and THSC, §382.085(b), by failing to report all deviations; PENALTY: $8,250; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 9900 West IH 20, Suite 100, Midland, Texas 79706. (28) COMPANY: Z Ready Mix, Incorporated; DOCKET NUMBER: 2014-1584-AIR-E; IDENTIFIER: RN105932255; LOCATION: Houston, Harris County; TYPE OF FACILITY: two concrete batch plants (Plant Number 1 and Plant Number 2); RULES VIOLATED: 30 TAC §116.115(c), New Source Review Permit Number 93364, Special Conditions Numbers 3 and 16D, and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct quarterly visible emissions observations and by failing to maintain records (Plant Number 1); and 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to the construction and operation of a concrete batch plant (Plant Number 2); PENALTY: $4,321; ENFORCEMENT COORDINATOR: Rachel Bekowies, (512) 239-2608; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486. (25) COMPANY: S AND P TEXAN, INCORPORATED dba Walker Minit Mart; DOCKET NUMBER: 2014-1525-PST-E; IDENTIFIER: RN101443166; LOCATION: Breckenridge, Stephens County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: John Duncan, (512) 239-2720; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833. TRD-201500076 Kathleen C. Decker Director, Litigation Division Texas Commission on Environmental Quality Filed: January 13, 2015 Graford, Palo Pinto County; TYPE OF FACILITY: tributary on oil lease; RULES VIOLATED: TWC, §11.081 and §11.121, by failing to obtain authorization prior to impounding, diverting, or using state water; PENALTY: $875; ENFORCEMENT COORDINATOR: Jill Russell, (512) 239-4564; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951. (22) COMPANY: OAKRIDGE AND OAKRIDGE GROUP LLC dba Pampa Food Stop 2; DOCKET NUMBER: 2014-1643-PST-E; IDENTIFIER: RN102355393; LOCATION: Pampa, Gray County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933. (26) COMPANY: Shreedevi AA Corporation dba Luckys 7 Discount Store; DOCKET NUMBER: 2014-1631-PST-E; IDENTIFIER: RN102359403; LOCATION: Wichita Falls, Wichita County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833. (27) COMPANY: SPRING CREEK CIRCLE WATER SUPPLY CORPORATION, Charles Pace, and Virginia L. Myers dba Spring Creek Circle Water Supply Corporation; DOCKET NUMBER: 2014-1456PWS-E; IDENTIFIER: RN101451748; LOCATION: Grand Prairie, 40 TexReg 396 January 23, 2015 Texas Register ♦ ♦ ♦ Enforcement Orders An agreed order was entered regarding MYKAWA ENTERPRISES, INC. dba Crown Mart, Docket No. 2012-0550-PST-E on January 7, 2015 assessing $5,100 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jim Sallans, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding Richard Billings dba Oak Hills Ranch Water Company, Docket No. 2013-1350-MLM-E on January 7, 2015 assessing $6,746 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Meaghan Bailey, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding Quickways Inc, Docket No. 2013-1554-PST-E on January 7, 2015 assessing $5,437 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tammy L. Mitchell, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DAKOTA A1, LLC dba 47 Travel Stop, Docket No. 2013-1637-PST-E on January 7, 2015 assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GarCo Manufacturing, LLC dba GARCO MANUFACTURING aka Garcia Manufacturing, Docket No. 2014-0202-AIR-E on January 7, 2015 assessing $1,312 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. TRD-201500087 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 14, 2015 ♦ ♦ Extension of Comment Period for 30 TAC Chapter 115 Proposal In the December 26, 2014, issue of the Texas Register (39 TexReg 10246), the Texas Commission on Environmental Quality (commission) published proposed new, amended, and repealed sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds. The preamble of the proposal stated that the commission must receive all written comments by January 30, 2015. The commission has extended the deadline for receipt of written comments on the proposal to February 11, 2015. Comments should be mailed to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments submitted regarding the proposal for Chapter 115 should reference Rule Project Number 2013-048-115-AI. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Frances Dowiak, Air Quality Planning Section, at (512) 239-3931. TRD-201500081 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: January 13, 2015 ♦ ♦ Extension of Comment Period for 30 TAC Chapter 101 Proposal ♦ ♦ Extension of Comment Period for 30 TAC Chapter 117 Proposal In the December 26, 2014, issue of the Texas Register (39 TexReg 10186), the Texas Commission on Environmental Quality (commission) published proposed amended and repealed sections of 30 TAC Chapter 101, General Air Quality Rules. The preamble of the proposal stated that the commission must receive all written comments by January 30, 2015. The commission has extended the deadline for receipt of written comments on the proposal to February 11, 2015. In the December 26, 2014, issue of the Texas Register (39 TexReg 10337), the Texas Commission on Environmental Quality (commission) published proposed new, amended, and repealed sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. The preamble of the proposal stated that the commission must receive all written comments by January 30, 2015. The commission has extended the deadline for receipt of written comments on the proposal to February 11, 2015. Comments should be mailed to Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments submitted regarding the proposal for Chapter 101 should reference Rule Project Number 2014-007-101-AI. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Joseph Thomas, Air Quality Planning Section, at (512) 239-0012. Comments should be mailed to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments submitted regarding the proposal for Chapter 117 should reference Rule Project Number 2013-049-117-AI. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Javier Galvan, Air Quality Planning Section, at (512) 239-1492. TRD-201500082 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: January 13, 2015 TRD-201500078 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: January 13, 2015 ♦ ♦ ♦ ♦ ♦ ♦ Notice of Water Quality Applications IN ADDITION January 23, 2015 40 TexReg 397 The following notices were issued on January 2, 2015, through January 9, 2015. northeast of the Williamson County Courthouse in Williamson County, Texas 78626. The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE. San Antonio River Authority has applied for a renewal of TPDES Permit No. WQ0010749003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,210,000 gallons per day. The facility is located at 8203 Binz-Engleman Road in Bexar County, Texas 78244. INFORMATION SECTION Apex Bethel Energy Center LLC which proposes to operate the Bethel Energy Center, a compressed air energy storage facility, has applied for a major amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0005002000 to authorize low-volume wastewater (consisting of demineralizer blowdown and demineralizer cleaning wastewater) as an additional wastestream. The revised daily average flow has subsequently increased approximately 4,000 gallons per day via Outfall 001. The existing permit authorizes the discharge of non-contact cooling tower blowdown at a daily average flow not to exceed 223,000 gallons per day via Outfall 001. The proposed facility is located approximately 2 miles south of the intersection of Farm-to-Market Road 2706 and United States Highway 287 South, at the southeast corner of the intersection of Farm-to-Market Road 2706 and County Road 2504, approximately 5 miles northwest of Tennessee Colony, Anderson County, Texas 75861. Ridley USA Inc which operates Ridley Block Operations, a manufacturer of prepared feeds and feed ingredients for cattle, has applied for a new permit, TCEQ Permit No. WQ0005121000, to authorize the disposal of washwater at a daily average flow not exceed 1,000 gallons per day via irrigation of approximately 175 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility is located at 125 Industrial Boulevard, Leon County, Texas 75831. The land application site will be located approximately 2 miles west-southwest of the City of Buffalo, Leon County, Texas 75831. Mitchell County and Lone Wolf Groundwater Conservation District which propose to operate the Mitchell County Groundwater Desalination Plant, have applied for new TCEQ Permit No. WQ0005133000 to authorize the disposal of reverse osmosis reject water and washdown water at a daily average flow not exceed 26,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal site will be located at 9298 County Road 238, in Mitchell County, Texas 79565. City of Seguin has applied for a renewal of TPDES Permit No. WQ0010277001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,900,000 gallons per day. The facility is located at 101 East Klein Street, in Seguin, in Guadalupe County, Texas 78155. City of Goldthwaite has applied for a renewal of TPDES Permit No. WQ0010459001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 254,000 gallons per day. The existing permit also authorizes the disposal of treated domestic wastewater via irrigation of approximately 75 acres of pastureland. The facility is located approximately 1,600 feet north of State Highway 16 and 2,500 feet east of Farm-to-Market Road 3023, in Mills County, Texas 76884. City of Georgetown has applied for a renewal of TPDES Permit No. WQ0010489002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located 1,000 feet southeast of the Granger Road crossing of the San Gabriel River and approximately 1.2 miles 40 TexReg 398 January 23, 2015 Texas Register City of Buda and Guadalupe Blanco River Authority has applied for a renewal of TPDES Permit No. WQ0011060001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located at 575 County Road 236 in Hays County, Texas 78610. Aqua Utilities Inc has applied for a renewal of TPDES Permit No. WQ0011332001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located north of Highcrest Drive between Lakecrest Drive and Moss Downs Drive, in Burnet County, Texas 78654. The treated effluent is discharged directly to Lake Lyndon B. Johnson in Segment No. 1406 of the Colorado River Basin. Texas Parks and Wildlife Department has applied for a renewal of TCEQ Permit No. WQ0012014001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 16,000 gallons per day via surface irrigation of 6.1 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into water in the state. The wastewater treatment facility and disposal site are located on the north side of Honey Creek, approximately 6.2 miles northwest of the intersection of State Highway 46 and U.S. Highway 281 in Comal County, Texas 78070. Bilma Public Utility District has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0012025002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 740,000 gallons per day. The facility is located at 5500 Winding Ridge Drive, approximately 8,000 feet northeast of the intersection of Louetta Road and Stuebner-Airline Road, and 11,000 feet southeast of the intersection of Spring Cypress Road and Stuebner-Airline Road, in Harris County, Texas 77379. Spring Center Inc has applied for a renewal of TPDES Permit No. WQ0012637001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located at 22820 Interstate Highway 45 North, Spring in Harris County, Texas 77373. Corix Utilities Texas Inc has applied for a renewal of TPDES Permit No. WQ0013548001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day via irrigation of 130 acres of non-public access pastureland from Outfall 001, and the discharge of treated wastewater at a volume not to exceed a daily average flow of 350,000 gallons per day from Outfall 002. The combined daily average flow from both Outfall 001 and 002 shall not exceed 700,000 gallons per day. No discharge into water in the state is authorized from Outfall 001. This combined notice is being issued to reflect the transfer of ownership from Lower Colorado River Authority to Corix Utilities (Texas) Inc. on July 31, 2014. The transfer was in accordance with 30 Texas Administrative Code, Section 305.64. The transfer of ownership occurred after the initial publication of the Notice Of Receipt of Application and Intent to Obtain a Water Quality Permit. The facility and the disposal site are located at 101 Cool Water Drive, approximately 1.2 miles east-northeast of the intersection of State Highway 95 and Farm-to-Market Road 1441, and approximately 6 miles north of the City of Bastrop in Bastrop County, Texas 78602. City of Wellman has applied for a renewal of TCEQ Permit No. WQ0013642001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 32,000 gallons per day via surface irrigation of 33 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into water in the state. The wastewater treatment facility and disposal site are located approximately 0.25 mile north and 1.2 miles east of the City of Wellman in Terry County, Texas 79378. Encanto Real Utility District has applied for a renewal of TPDES Permit No. WQ0013648001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 3-1/4 miles northwest of the intersection of Interstate Highway 45 and Spring Stuebner Road, just south of Spring Creek and north of the City of Houston in Harris County, Texas 77389. Corix Utilities Texas Inc has applied for a renewal of TPDES Permit No. WQ0013740001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. This combined notice is being issued to reflect the transfer of ownership from Lower Colorado River Authority to Corix Utilities (Texas) Inc. on July 31, 2014. The transfer was in accordance with 30 Texas Administrative Code, Section 305.64. The transfer of ownership occurred after the initial publication of the Notice Of Receipt of Application and Intent to Obtain a Water Quality Permit. The facility is located at 1002 Alleyton Road, Alleyton, approximately 3.5 miles east of Columbus, Texas and 1000 feet south of Interstate Highway 10 on Farm-to-Market Road 102 in Colorado County, Texas 78935. City of Lone Star has applied for a renewal of Permit No. WQ0014365001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 440,000 gallons per day. The facility is located approximately 1,500 feet east of U.S. Highway 259 on Morris County Road 2315 and approximately 4,000 feet south of the intersection of U.S. Highway 259 and Farm-to-Market Road 729 in Morris County, Texas 75668. City of Clarksville City has applied for a renewal TPDES Permit No. WQ0014572001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 95,000 gallons per day. The facility is located at 4050 feet south of the intersection of U.S. Highway 80 and Texas Street, Clarksville City in Gregg County, Texas 75693. AMDT LLC has applied for new TPDES Permit No. WQ0015274001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 1.7 miles north of the intersection of Farm-to-Market Road 723 and Farm-to-Market Road 359, in Fort Bend County, Texas 77471. Artesian Lakes Ltd has applied for new TPDES Permit No. WQ0015281001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0014498001, which expired on February 1, 2014. The facility is located approximately 2,211 feet south of State Highway 787 and approximately 4,800 feet east of the Community of Romayor, in Liberty County, Texas 77327. The following do not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN (30) DAYS OF THE ISSUED DATE OF THE NOTICE. Chevron Phillips Chemical Company LP which operates the Pasadena Plastics Complex, has applied for a minor amendment to TPDES Permit No. WQ0000815000 to authorize flow to be estimated at Outfall 001 during times when the flume normally used to measure flow is inundated. The existing permit authorizes the discharge of process wastewater, cooling tower blowdown, boiler blowdown, domestic wastewater, stormwater, and hydrostatic test water at a daily average flow not to exceed 4,300,000 gallons per day via Outfall 001; the discharge of stormwater runoff and wash down water on an intermittent and flowvariable basis via Outfall 002; and the discharge of stormwater runoff on an intermittent and flow-variable basis via Outfalls 003 and 004. The facility is located at 1400 Jefferson Road, on the south side of the Houston Ship Channel and approximately 0.5 mile west of the mouth of Green's Bayou, Pasadena, Harris County, Texas 77506. If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.texas.gov. Si desea información en español, puede llamar al 1-800-687-4040. TRD-201500086 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 14, 2015 ♦ ♦ ♦ Texas Facilities Commission Request for Proposals #303-5-20485 The Texas Facilities Commission ("TFC"), on behalf of the Department of State Health Services ("DSHS"), announces the issuance of Request for Proposals ("RFP") #303-5-20485. TFC seeks a five (5) or ten (10) year lease of approximately 1,581 square feet of office space in Lampasas, Lampasas County, Texas. The deadline for questions is February 4, 2015, and the deadline for proposals is February 13, 2015, at 3:00 p.m. The award date is March 18, 2015. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant. Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=115315. TRD-201500085 Kay Molina General Counsel Texas Facilities Commission Filed: January 14, 2015 ♦ ♦ ♦ Request for Proposals #303-6-20484 The Texas Facilities Commission ("TFC"), on behalf of the Texas Department of Family and Protective Services (DFPS) and the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals ("RFP") #303-6-20484. TFC seeks a five (5) or ten (10) year lease of approximately 13,334 square feet of office space in Laredo, Webb County, Texas. IN ADDITION January 23, 2015 40 TexReg 399 The deadline for questions is February 3, 2015, and the deadline for proposals is February 12, 2015, at 3:00 p.m. The award date is March 18, 2015. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant. Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=115226. TRD-201500049 Kay Molina General Counsel Texas Facilities Commission Filed: January 9, 2015 ♦ The Department of State Health Services (department) proposed amendments to 25 TAC §97.63, concerning immunization requirements in Texas elementary and secondary schools, in the January 16, 2015, issue of the Texas Register (40 TexReg 319). Due to a Texas Register staff error, rule language in §97.63(2)(B)(iii)(II) and (vi)(II) on page 322 was inadvertently bracketed and struck-through. That language will be retained in the adopted rule. The corrected rule language reads as follows: (iii) MMR. [(I) For the SY 2008 - 2009 through the end of any summer session of the SY 2008 - 2009, students are required to have two doses of a measles-containing vaccine, and one dose each of rubella vaccine and mumps vaccine.] [(II)] Beginning SY 2009 - 2010, students are required to have two doses of MMR vaccine with the first dose received on or after the first birthday for the following grades and school years: ♦ ♦ (I) [(-a-)] SY 2009 - 2010: K;... Department of Family and Protective Services *** Criminal History Requirements for Child Care Operations (vi) Hepatitis A. (Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the charts are not included in the print version of the Texas Register. The charts are available in the on-line HTML version of the January 23, 2015, issue of the Texas Register.) [(I) For the SY 2008 - 2009 through the end of any summer session of the SY 2008 - 2009, upon entry into kindergarten through third grade, two doses of hepatitis A vaccine are required for students attending a school located in a high incidence geographic area as designated by the department. The first dose shall be administered on or after the second birthday. A current list of geographic areas, for which hepatitis A is mandated for this time period, is avail-able at www.ImmunizeTexas.com, or by mail request at Department of State Health Services, P.O. Box 149347, Austin Texas 78714-9347.] Section 745.651 of this title (relating to What types of criminal convictions may affect a person's ability to be present at an operation?) states that the three charts listed in subsection (a) of the section will be updated annually and published every January in the Texas Register as an "In Addition" document. The three charts are entitled: (1) Licensed or Certified Child Care Operations: Criminal History Requirements; (2) Foster or Adoptive Placements: Criminal History Requirements; and (3) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements. Each chart has three parts to it: an introduction that explains the types of operations each chart covers, defines certain terms used in the chart, and clarifies certain assumptions; a Table of Contents; and the actual chart. [(II)] For SY 2009 - 2010, students are required to have two doses of hepatitis A vaccine with the first dose received on or after the first birthday for the following grades and school years: (I) [(a)] SY 2009 - 2010: K;... TRD-201500083 ♦ ♦ ♦ Texas Department of Insurance There have been changes made to each chart, which include: (1) replacing the term "No Action Needed" with "No Action Required" for clarity, but the actual definition remains the same; (2) clarifying the definition for "Risk Evaluation"; (3) clarifying that effective March 1, 2015, a person currently on parole for any felony offense not otherwise barrable must have an approved risk evaluation prior to being present at an operation; (4) adding the Penal Code, Title 8, Offenses Against Public Administration to the charts; (5) strengthening the Risk Evaluation requirements for Penal Code, Title 9, Offenses Against Public Disorder and Decency, for those offenses related to animals; and (6) updating the chart to add felonies and misdemeanors to some offenses where they were not previously included and should have been. Company Licensing TRD-201500079 Trevor Woodruff Interim General Counsel Department of Family and Protective Services Filed: January 13, 2015 Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, MC 305-2C, Austin, Texas 78701. ♦ ♦ ♦ Department of State Health Services Correction of Error 40 TexReg 400 January 23, 2015 Texas Register Application for incorporation in the State of Texas by OSCAR INSURANCE COMPANY OF TEXAS, a domestic life, accident and/or health company. The home office is in Dallas, Texas. Application for admission to the State of Texas by MAISON INSURANCE COMPANY, a foreign fire/and or casualty company. The home office is in Baton Rouge, Louisiana. Application for admission to the State of Texas by PEKIN LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Pekin, Illinois. TRD-201500090 Sara Waitt General Counsel Texas Department of Insurance Filed: January 14, 2015 ♦ ♦ ♦ Texas Department of Licensing and Regulation Vacancies on Electrical Safety and Licensing Advisory Board The Texas Department of Licensing and Regulation (Department) announces three vacancies on the Electrical Safety and Licensing Advisory Board (Board) established by Texas Occupations Code, Chapter 1305. The pertinent rules may be found in 16 TAC §73.65. The purpose of the Electrical Safety and Licensing Advisory Board is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, electrical code requirements, and continuing education requirements. The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of three master electrician members, three journeyman electrician members, and three public members. The advisory board members must include: two members who are affiliated with a statewide association of electrical contractors not affiliated with a labor organization; three members who are affiliated with a labor organization; one member who is not affiliated with a statewide association of electrical contractors or with a labor organization; one member who is affiliated with a historically underutilized business, as that term is defined by §2161.001, Government Code; and one public member who is a building contractor principally engaged in home construction and is a member of a statewide building trade association. A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board. Members serve staggered six-year terms. This announcement is for the positions of (1) a master electrician, (2) a journeyman electrician; and (3) a public member. At least one member must represent a labor organization and one member who is affiliated with a historically underutilized business. Interested persons should submit an application on the Department website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx. Applicants can also request an application from the Department by telephone at (800) 803-9202, fax at (512) 475-2874 or e-mail to advisory.boards@tdlr.texas.gov. The Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. The advisory board consists of the following members: four members who represent used automotive parts businesses owned by domestic entities, as defined by §1.002, Business Organizations Code, one member who represents a used automotive parts business owned by a foreign entity, as defined by §1.002, Business Organizations Code; and may not include more than one member from any one used automotive parts business entity. Members serve terms of six years, with the terms of one or two members expiring on February 1 of each odd-numbered year. This announcement is for two representatives of used automotive parts businesses owned by domestic entities. Interested persons should submit an application on the Department website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx. Applicants can also request an application from the Department by telephone at (800) 803-9202, fax at (512) 475-2874 or e-mail to advisory.boards@tdlr.texas.gov. Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense. TRD-201500074 William H. Kuntz, Jr. Executive Director Texas Department of Licensing and Regulation Filed: January 12, 2015 ♦ ♦ ♦ Texas Lottery Commission Instant Game Number 1667 "Tetris®" 1.0 Name and Style of Game. A. The name of Instant Game No. 1667 is "TETRIS®". The play style is "match 3 of X". 1.1 Price of Instant Ticket. A. Tickets for Instant Game No. 1667 shall be $2.00 per Ticket. 1.2 Definitions in Instant Game No. 1667. Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense. A. Display Printing - That area of the Instant Game Ticket outside of the area where the overprint and Play Symbols appear. TRD-201500073 William H. Kuntz, Jr. Executive Director Texas Department of Licensing and Regulation Filed: January 12, 2015 B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Ticket. ♦ ♦ ♦ Vacancies on Used Automotive Parts Recycling Advisory Board The Texas Department of Licensing and Regulation (Department) announces two vacancies on the Used Automotive Parts Recycling Advisory Board (Board) established by Texas Occupations Code, Chapter 2309. The purpose of the Used Automotive Parts Recycling Advisory Board is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) and the Department on: technical matters relevant to the administration and enforcement of Chapter 2309, including licensing standards. C. Play Symbol - The printed data under the latex on the front of the Instant Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: $2.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100, $300, $1,000, $25,000 and TETRIS SYMBOL. D. Play Symbol Caption -The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol caption which corresponds with and verifies each Play Symbol is as follows: IN ADDITION January 23, 2015 40 TexReg 401 E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000. player wins that amount. If a player reveals a "TETRIS" Play Symbol, the player wins $30 instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game. F. Low-Tier Prize - A prize of $2.00, $5.00, $7.00, $10.00, $15.00 or $20.00. 2.1 Instant Ticket Validation Requirements. G. Mid-Tier Prize - A prize of $30.00, $50.00, $70.00, $80.00, $100 or $300. H. High-Tier Prize - A prize of $1,000 or $25,000. I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Ticket. J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1667), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1667-0000001-001. K. Pack - A Pack of "TETRIS®" Instant Game Tickets contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. L. Non-Winning Ticket - A Ticket which is not programmed to be a winning Ticket or a Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401. M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TETRIS®" Instant Game No. 1667 Ticket. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Instant Ticket. A prize winner in the "TETRIS®" Instant Game is determined once the latex on the Ticket is scratched off to expose 10 (ten) Play Symbols. The player scratches the entire play area to reveal 10 Prize Symbol amounts. If a player reveals 3 matching Prize Symbol amounts, the 40 TexReg 402 January 23, 2015 Texas Register A. To be a valid Instant Game Ticket, all of the following requirements must be met: 1. Exactly 10 (ten) Play Symbols must appear under the Latex Overprint on the front portion of the Ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each of the Play Symbols must be printed in black ink except for dual image games; 5. The Ticket shall be intact; 6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible; 7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Ticket; 8. The Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 9. The Ticket must not be counterfeit in whole or in part; 10. The Ticket must have been issued by the Texas Lottery in an authorized manner; 11. The Ticket must not have been stolen, nor appear on any list of omitted Tickets or non-activated Tickets on file at the Texas Lottery; 12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner; 13. The Ticket must be complete and not miscut and have exactly 10 (ten) Play Symbols under the Latex Overprint on the front portion of the Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the Ticket; 14. The Serial Number of an apparent winning Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Tickets, and a Ticket with that Serial Number shall not have been paid previously; 15. The Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 10 (ten) Play Symbols must be exactly one of those described in Section 1.2C of these Game Procedures; 17. Each of the 10 (ten) Play Symbols on the Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 18. The Display Printing on the Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 19. The Ticket must have been received by the Texas Lottery by applicable deadlines. B. The Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery. C. Any Instant Game Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Ticket. In the event a defective Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Ticket with another unplayed Ticket in that Instant Game (or a Ticket of equivalent sales price from any other current Texas Lottery Instant Game) or refund the retail sales price of the Ticket, solely at the Executive Director's discretion. 2.2 Programmed Game Parameters. A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns of Prize Symbols. B. A Ticket will win as indicated by the prize structure. C. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $25,000 will each appear at least once, except on Tickets winning three (3) times. D. Players can win up to three (3) times on a Ticket. E. Non-winning Prize Symbols will all be different (i.e., no matching), unless restricted by other parameters, play action or prize structure. F. The play area consists of ten (10) Prize Symbols. G. The "TETRIS" (WIN$30) Prize Symbol will never appear on NonWinning Tickets. H. The "TETRIS" (WIN$30) Prize Symbol will win $30 instantly, as per the prize structure. I. The "TETRIS" (WIN$30) Prize Symbol will not appear more than one time on a Ticket. 2.3 Procedure for Claiming Prizes. A. To claim a "TETRIS®" Instant Game prize of $2.00, $5.00, $7.00, $10.00, $15.00, $20.00, $30.00, $50.00, $70.00, $80.00, $100 or $300, a claimant shall sign the back of the Ticket in the space designated on the Ticket and present the winning Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00, $70.00, $80.00, $100 or $300 Ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3B and Section 2.3C of these Game Procedures. B. To claim a "TETRIS®" Instant Game prize of $1,000 or $25,000, the claimant must sign the winning Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "TETRIS®" Instant Game prize, the claimant must sign the winning Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct: 1. a sufficient amount from the winnings of a prize winner who has been finally determined to be: a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055; b. in default on a loan made under Chapter 52, Education Code; or c. in default on a loan guaranteed under Chapter 57, Education Code; and 2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid. F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate. 2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the Ticket presented for payment; or IN ADDITION January 23, 2015 40 TexReg 403 D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "TETRIS®" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "TETRIS®" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Ticket, shall be forfeited. 2.9 Promotional Second-Chance Drawings. Any non-winning "TETRIS®" Instant Game scratch-off Ticket may be entered into one of four promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Ticket for information on eligibility and entry requirements. 3.0 Instant Ticket Ownership. A. Until such time as a signature is placed upon the back portion of an Instant Game Ticket in the space designated, a Ticket shall be owned by the physical possessor of said Ticket. When a signature is placed on the back of the Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Ticket in the space designated. If more than one name appears on the back of the Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Instant Game Tickets and shall not be required to pay on a lost or stolen Instant Game Ticket. 2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Tickets ordered. The number of actual prizes available in a game may vary based on number of Tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game Ticket may continue to be sold even when all the top prizes have been claimed. 4.0 Number and Value of Instant Prizes. There will be approximately 9,120,000 Tickets in the Instant Game No. 1667. The approximate number and value of prizes in the game are as follows: A. The actual number of Tickets in the game may be increased or de- creased at the sole discretion of the Texas Lottery Commission. 5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1667 without advance notice, at which point no further Tickets in that game may 40 TexReg 404 January 23, 2015 Texas Register be sold. The determination of the closing date and reasons for closing will be made in accordance with the Instant Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j). 6.0 Governing Law. In purchasing an Instant Game Ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1667, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director. TRD-201500075 Bob Biard General Counsel Texas Lottery Commission Filed: January 13, 2015 ♦ ♦ ♦ Instant Game Number 1676 "Cash Countdown" 1.0 Name and Style of Game. A. The name of Instant Game No. 1676 is "CASH COUNTDOWN". The play style is "multiple games". 1.2 Definitions in Instant Game No. 1676. A. Display Printing - That area of the Instant Game Ticket outside of the area where the overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Ticket. C. Play Symbol - The printed data under the latex on the front of the Instant Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: ANCHOR SYMBOL, LIMO SYMBOL, SPADE SYMBOL, BUTTERFLY SYMBOL, RING SYMBOL, LIGHTNING BOLT SYMBOL, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $250, $1,000 and $100,000. D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: 1.1 Price of Instant Ticket. A. Tickets for Instant Game No. 1676 shall be $5.00 per Ticket. IN ADDITION January 23, 2015 40 TexReg 405 40 TexReg 406 January 23, 2015 Texas Register E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000. F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00. G. Mid-Tier Prize - A prize of $50.00, $75.00, $100, $150, $250, $300 or $500. H. High-Tier Prize - A prize of $1,000 or $100,000. I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Ticket. J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1676), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 1676-0000001-001. K. Pack - A Pack of "CASH COUNTDOWN" Instant Game Tickets contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other book will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack. L. Non-Winning Ticket - A Ticket which is not programmed to be a winning Ticket or a Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401. M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASH COUNTDOWN" Instant Game No. 1676 Ticket. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Instant Ticket. A prize winner in the "CASH COUNTDOWN" Instant Game is determined once the latex on the Ticket is scratched off to expose 35 (thirty-five) Play Symbols. GAME 1: The player scratches to reveal 3 Play Symbols. If the player reveals 2 matching Play Symbols, the player wins $50. GAMES 2 - 4: For each GAME, the player scratches to reveal one (1) WINNING NUMBER Play Symbol and three (3) YOUR NUMBERS Play Symbols. If the player matches any of YOUR NUMBERS Play Symbols to the WINNING NUMBER Play Symbol, the player wins the prize below that number. Each GAME played separately. GAME 5: The player scratches to reveal one (1) WINNING NUMBER Play Symbol and five (5) YOUR NUMBERS Play Symbols. If the player matches any of YOUR NUMBERS Play Symbols to the WINNING NUMBER Play Symbol, the player wins the prize below that number. Each GAME played separately. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game. 2.1 Instant Ticket Validation Requirements. A. To be a valid Instant Game Ticket, all of the following requirements must be met: 1. Exactly 35 (thirty-five) Play Symbols must appear under the Latex Overprint on the front portion of the Ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each of the Play Symbols must be printed in black ink except for dual image games; 5. The Ticket shall be intact; IN ADDITION January 23, 2015 40 TexReg 407 6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible; D. GAME 1: There will never be more than two (2) matching Play Symbols in a game. 7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Ticket; E. GAME 1: You can win up to one (1) time in this play area and wins will appear as per the prize structure. 8. The Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; F. GAMES 2 - 5: On winning and Non-Winning Tickets, the top cash prizes of $100,000 and $1,000 will each appear at least once, except on Tickets winning fourteen (14) or more times. 9. The Ticket must not be counterfeit in whole or in part; 10. The Ticket must have been issued by the Texas Lottery in an authorized manner; 11. The Ticket must not have been stolen, nor appear on any list of omitted Tickets or non-activated Tickets on file at the Texas Lottery; 12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner; 13. The Ticket must be complete and not miscut and have exactly 35 (thirty-five) Play Symbols under the Latex Overprint on the front portion of the Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the Ticket; 14. The Serial Number of an apparent winning Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Tickets, and a Ticket with that Serial Number shall not have been paid previously; 15. The Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 35 (thirty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures; 17. Each of the 35 (thirty-five) Play Symbols on the Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 18. The Display Printing on the Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 19. The Ticket must have been received by the Texas Lottery by applicable deadlines. B. The Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery. C. Any Instant Game Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Ticket. In the event a defective Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Ticket with another unplayed Ticket in that Instant Game (or a Ticket of equivalent sales price from any other current Texas Lottery Instant Game) or refund the retail sales price of the Ticket, solely at the Executive Director's discretion. 2.2 Programmed Game Parameters. A. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns of either Play Symbols or Prize Symbols. B. GENERAL: A Ticket will win as indicated by the prize structure. C. GENERAL: A Ticket can win up to fifteen (15) times. 40 TexReg 408 January 23, 2015 Texas Register G. GAMES 2 - 5: No duplicate non-winning YOUR NUMBERS Play Symbols on a Ticket. H. GAMES 2 - 5: Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket. I. GAMES 2 - 5: Tickets winning more than one (1) time will use as many WINNING NUMBER Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure. J. GAMES 2 - 5: No duplicate WINNING NUMBER Play Symbols will appear on a Ticket. K. GAMES 2 - 5: YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 15 and $15, 20 and $20, 50 and $50). L. GAMES 2 - 5: On all Tickets, a Prize Symbol will not appear more than four (4) times except as required by the prize structure to create multiple wins. M. GAMES 2 - 5: On Non-Winning Tickets, a WINNING NUMBER Play Symbol will never match a YOUR NUMBERS Play Symbol. N. GAMES 2 - 5: No WINNING NUMBER Play Symbol will match a YOUR NUMBERS Play Symbol in another GAME. O. GAMES 2 - 5: No YOUR NUMBERS Play Symbol will be the same as any YOUR NUMBERS Play Symbol in a different GAME. 2.3 Procedure for Claiming Prizes. A. To claim a "CASH COUNTDOWN" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $75.00, $100, $150, $250, $300 or $500, a claimant shall sign the back of the Ticket in the space designated on the Ticket and present the winning Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $75.00, $100, $150, $250, $300 or $500 Ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures. B. To claim a "CASH COUNTDOWN" Instant Game prize of $1,000 or $100,000, the claimant must sign the winning Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "CASH COUNTDOWN" Instant Game prize, the claimant must sign the winning Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct: 1. A sufficient amount from the winnings of a prize winner who has been finally determined to be: a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055; b. in default on a loan made under Chapter 52, Education Code; or c. in default on a loan guaranteed under Chapter 57, Education Code; and 2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid. 2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the Ticket presented for payment; or D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. COUNTDOWN" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "CASH COUNTDOWN" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Ticket, shall be forfeited. 2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Tickets ordered. The number of actual prizes available in a game may vary based on number of Tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game Ticket may continue to be sold even when all the top prizes have been claimed. 3.0 Instant Ticket Ownership. A. Until such time as a signature is placed upon the back portion of an Instant Game Ticket in the space designated, a Ticket shall be owned by the physical possessor of said Ticket. When a signature is placed on the back of the Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Ticket in the space designated. If more than one name appears on the back of the Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Instant Game Tickets and shall not be required to pay on a lost or stolen Instant Game Ticket. 4.0 Number and Value of Instant Prizes. There will be approximately 8,280,000 Tickets in the Instant Game No. 1676. The approximate number and value of prizes in the game are as follows: 2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "CASH IN ADDITION January 23, 2015 40 TexReg 409 A. The actual number of Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission. selected consultant will perform bus route planning work for two small public transportation providers in the North Central Texas region. 5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1676 without advance notice, at which point no further Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Instant Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j). The consultant selected for this project is McDonald Transit Associates, Inc., 3800 Sandshell Drive, Suite 175, Fort Worth, Texas 76137. The amount of the contract is not to exceed $125,000. 6.0 Governing Law. In purchasing an Instant Game Ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1676, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director. ♦ ♦ ♦ Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 2, 2015, for true-up of 2012 Federal Universal Service Fund (FUSF) Impacts to Texas Universal Service Fund (TUSF). ♦ North Central Texas Council of Governments Notice of Contract Award for Bus Route Planning Services Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant request appeared in the October 17, 2014, issue of the Texas Register (39 TexReg 8302). The 40 TexReg 410 ♦ Public Utility Commission of Texas Notice of Petition for True-Up of 2012 Federal Universal Service Fund Impacts to Texas Universal Service Fund TRD-201500089 Bob Biard General Counsel Texas Lottery Commission Filed: January 14, 2015 ♦ TRD-201500088 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: January 14, 2015 January 23, 2015 Texas Register Docket Style and Number: Application of Eastex Telephone Cooperative, Inc. for True-Up of 2012 Federal Universal Service Fund Impacts to the Texas Universal Service Fund, Docket Number 44054. The Application: Eastex Telephone Cooperative, Inc. (Eastex) filed a true-up report in accordance with Finding of Fact Nos. 12, 13 and 14 of the final Order in Docket Number 41423. In Docket Number 41423 the Public Utility Commission of Texas approved Eastex's application to recover funds from the TUSF and ordered a true-up of the FUSF revenue changes. This application addresses Eastex's final and actual FUSF impact for 2012. Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 44054. TRD-201500037 Adriana A. Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 9, 2015 ♦ ♦ A digital version of the Final EIS may be downloaded from the SH 45SW Project website at http://www.sh45sw.com. Paper copies of the Final EIS and other information about the project may be requested from TxDOT's District Office in Austin, Texas. Submit requests in writing to TxDOT-Austin District, Attention: Jon Geiselbrecht, P.O. Drawer 15426, Austin, TX 78761-5426 or by email to jon.geiselbrecht@txdot.gov. Paper copies may be obtained at the requester's expense. TRD-201500093 Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: January 14, 2015 ♦ ♦ Texas Department of Transportation Notice of Availability: Final Environmental Impact Statement (Final EIS) State Highway 45 Southwest in Travis and Hays Counties, Texas Pursuant to Texas Administrative Code, Title 43, §2.108, the Texas Department of Transportation (TxDOT) is advising the public of the availability of the Final EIS for the proposed construction of State Highway 45 Southwest (SH 45SW) in Travis and Hays Counties, Texas. The project would construct a four-lane, limited access toll road. The project limits extend from State Loop 1 (MoPac) to Farm-to-Market Road (FM) 1626, a distance of approximately four miles. The purpose of the project is to improve system connectivity, local mobility, and travel times, while providing an efficient alternative route to congested local roadways in northern Hays and southern Travis Counties. The social, economic, and environmental impacts of the project have been analyzed in the Final EIS. The Final EIS further studies the build alternative proposed in the Draft EIS and the no-build alternative, and identifies the build alternative as the preferred alternative. The preferred alternative is investigated at a higher level of detail in the Final EIS to facilitate the development of mitigation measures and to comply with other regulatory requirements. The preferred alternative would consist of a limited access toll facility on new location and would include four 12-foot-wide lanes, 10-footwide outside shoulders, and four-foot-wide inside shoulders within a pre-existing state-owned right-of-way that varies between 300 and 600 feet. The preferred alternative includes a 10-foot-wide bicycle and pedestrian shared-use path along the entire length of the project. The preferred alternative would not require the acquisition of any additional right-of-way. ♦ ♦ Notice of Availability of Draft Environmental Impact Statement - State Highway 249 Extension from Farm-to-Market Road 1774 in Montgomery and Grimes Counties Pursuant to Texas Administrative Code, Title 43, §2.108, the Texas Department of Transportation (TxDOT) is advising the public of the availability of the Draft Environmental Impact Statement (Draft EIS) concerning the proposed construction of State Highway 249 Extension (SH 249) in Montgomery and Grimes Counties, Texas. The project would construct a four-lane, limited access toll road. The project limits extend from Farm-to-Market Road (FM) 1774 in Pinehurst to FM 1774 north of Todd Mission, a distance of approximately 15 miles. The purpose of the proposed SH 249 Extension is to efficiently link the suburban communities and major roadways, enhance mobility and safety, and respond to population growth and residential development in the area. The social, economic, and environmental impacts of the project have been analyzed in the Draft EIS. The Draft EIS studies four build alternatives, the no build alternative, and identifies the B/C alternative as the Preferred Alternative. The Preferred Alternative would consist of a limited access toll facility on new location and would typically include four 12-foot-wide lanes, 10-foot-wide outside shoulders, and 4-foot-wide inside shoulders within a 400-foot right-of-way. The Preferred Alternative would require the acquisition of 727 acres of additional right-of-way. Although the Draft EIS identifies a Preferred Alternative, the final selection of the Preferred Alternative would occur only after a public comment period including a public hearing, consideration of comments, and evaluation of environmental effects. The Draft EIS is on file and available for review at the following locations: (1) TxDOT Houston District Office, 7600 Washington Avenue, Houston, TX 77007; Copies of the Final EIS may be viewed at the http://www.sh45sw.com/ or at any of the following locations: (2) TxDOT Montgomery County Area Office, 901 North FM 3083 East, Conroe, TX 77303; 1. TxDOT Austin District Office, 7901 N IH 35, Austin, TX 78753; (3) TxDOT Bryan District Office, 2591 North Earl Rudder Freeway, Bryan, TX 77803; 2. TxDOT Environmental Affairs Division, 118 E. Riverside Drive, Austin, TX 78704; (4) Malcolm Purvis Library, 510 Melton Street, Magnolia, TX 77354; 3. Austin Public Library, Hampton Branch at Oak Hill, 5125 Convict Hill Road, Austin, TX 78749; (5) Tomball Community Library/Lone Star College, 30555 SH 249, Tomball, TX 77375; 4. Austin Public Library, Pleasant Hill Branch, 211 E. William Cannon Drive, Austin, TX 78745; and (6) Navasota Public Library, 1411 East Washington Avenue, Navasota, TX 77868; 5. Buda Public Library, 303 Main Street, Buda, TX 78610. (7) Montgomery County Library, Central Branch, 104 I-45 North, Conroe, TX 77301. IN ADDITION January 23, 2015 40 TexReg 411 A digital version of the Draft EIS may be downloaded from the SH 249 Extension project website at http://www.txdot.gov/inside-txdot/projects/studies/houston/sh249-extension.html. Paper copies of the Draft EIS and other information about the project may be requested from TxDOT's District Office in Houston, Texas. Submit requests in writing to TxDOT-Houston District, Attention: Director of Project Development, P.O. Box 1386, Houston, TX 772511386. Paper copies may be obtained at the requestor's expense. Written comments regarding the Draft EIS may be submitted to TxDOT-Houston District, Attention: Director of Project Development, P.O. Box 1386, Houston, TX 77251-1386. Comments will be accepted at HOU-PIOWebMail@txdot.gov or the project website at http://www.txdot.gov/inside-txdot/projects/studies/houston/sh249-extension.html. The deadline to submit public comments will be not less than 15 days after the date of the public hearing. As required by TxDOT's rules, the department will publish a notice in newspapers of a public hearing regarding the Draft EIS. The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT. TRD-201500092 Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: January 14, 2015 ♦ ♦ Interested parties who are unable to attend the hearing may submit comments regarding the proposed TTP to James W. Koch, P.E., Director of Transportation Planning and Programming, P.O. Box 149217, Austin, Texas 78714-9217. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, February 23, 2015. TRD-201500091 Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: January 14, 2015 ♦ ♦ ♦ Public Hearing Notice - Unified Transportation Program The Texas Department of Transportation (department) will hold a public hearing on Thursday, February 12, 2015, at 10:00 a.m. at 118 East Riverside Drive, First Floor ENV Conference Room, in Austin, Texas to receive public comments on the proposed updates to the 2015 Unified Transportation Program (UTP). ♦ Public Hearing Notice - Texas Transportation Plan 2040 The Texas Department of Transportation (department) will hold a public hearing on Wednesday, February 11, 2015 at 10:00 a.m. at 200 East Riverside Drive, Room 1A-2, in Austin, Texas to receive public comments on the Texas Transportation Plan (TTP) 2040. The TTP is the 24-year long-range multimodal plan for the state of Texas. Transportation Code, §201.601, requires the department to develop a statewide transportation plan that contains all modes of transportation. Title 23, United States Code, §135 requires the state to develop a long-range statewide transportation plan that provides for the development and implementation of the intermodal transportation system of the state. The Texas Transportation Commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to the development of the TTP. A copy of the proposed TTP will be available for review at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5132, and on the department's website at: http://www.txdot.gov. Persons wishing to speak at the hearing may register in advance by notifying Michelle Conkle, Transportation Planning and Programming Division, at (512) 486-5132 not later than Tuesday, February 10, 2015, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments 40 TexReg 412 or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division at 118 East Riverside Drive Austin, Texas 78704-1205, (512) 486-5053. Requests should be made no later than Friday, February 6, 2015. Every reasonable effort will be made to accommodate the needs. January 23, 2015 Texas Register The UTP is a 10-year program that guides the development and authorizes construction of transportation projects and projects involving aviation, public transportation, and the state's waterways and coastal waters. The Texas Transportation Commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to adoption of the UTP and approval of any updates to the program. Information regarding the proposed updates to the 2015 UTP will be available at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5038, and on the department's website at: http://www.txdot.gov/public_involvement/utp.html. Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division, at (512) 486-5038 not later than Wednesday, February 11, 2015, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division, at 118 East Riverside Drive Austin, Texas 78704-1205, (512) 486-5038. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs. Interested parties who are unable to attend the hearing may submit comments regarding the updates to the 2015 UTP to James W. Koch, Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. Interested parties may also submit comments regarding the updates to the 2015 UTP by phone at (800) 687-8108. In order to be considered, all comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, February 23, 2015. TRD-201500072 Leonard Reese Associate General Counsel Texas Department of Transportation Filed: January 12, 2015 ♦ ♦ The Request for Proposal (RFP) contains all the proposal submission requirements and may be obtained by contacting Tamara Carter at (254) 296-5367 or e-mailing tamera.carter@hotworkforce.com. Respondents may submit questions about the procurement to Ms. Carter from January 12 - 16, 2015. The RFP can be downloaded from the Workforce Solutions for the Heart of Texas website: www.hotworkforce.com, beginning January 12, 2015. Proposals are due no later than 5:00 p.m. (CST) January 23, 2015. Workforce Solutions Heart of Texas Child Care Services 1416 S. New Road Waco, Texas 76711 (254) 296-5367 ♦ Workforce Solutions for the Heart of Texas Public Notice Request for Proposal for Texas Rising Star Assessor Services Workforce Solutions for the Heart of Texas is the administrative entity for programs funded by the Texas Workforce Commission and Department of Labor. Workforce Solutions for the Heart of Texas Child Care Services is soliciting proposals to provide Texas Rising Star (TRS) Assessor Services in McLennan, Falls, Bosque, Freestone, Limestone and Hill Counties. The Heart of Texas Workforce Board is an equal opportunity employer/programs and auxiliary aids and services are available upon request to include individuals with disabilities. TTY/TDD via RELAY Texas service at 711 or (TDD) 1-800-7352989/1-800-735-2988 (voice). TRD-201500036 Julie Talbert Workforce Child Care and Transportation Manager Workforce Solutions for the Heart of Texas Filed: January 8, 2015 ♦ ♦ IN ADDITION January 23, 2015 ♦ 40 TexReg 413